Yes, you may be able to sue if you were partially at fault for an accident in Texas, as long as you are not more than 50% at fault for the accident, as set forth in Section 33.001 of the Civil Practice and Remedies Code of Texas. However, your compensation can be reduced in proportion to your degree of fault. Here is how this legal principle would apply in a personal injury case in San Antonio, Texas:
Texas’ Comparative Fault Law
Texas’ comparative fault law precludes people from suing for accidents in which they are more than 50% at fault.
For this example, suppose that you were driving 5 mph over the speed limit when a driver who ran a red light crashed into you. The jury may decide that you are 20% at fault for the accident, and the other driver is 80% responsible. Because your degree of fault was not greater than 50%, it does not bar you from seeking recovery. However, if you were the driver who ran the red light and were found 80% at fault, you would not be able to sue because the accident was deemed mostly your fault.
Reduction of Damages
Even if you can file a claim, the comparative negligence rule can still affect you because your damages are reduced by your degree of fault. Imagine that in the example above, you suffered $100,000 in damages. If the jury finds you 20% at fault, your damages are reduced proportionately by your degree of fault, or 20% in this example. So you would only stand to recover $80,000.
How Insurance Companies Take Advantage of These Rules
Even though the comparative fault laws apply to lawsuits, insurance companies will use them to reduce the value of any settlement they offer. So, if they think they can blame you for a greater degree of fault, they will try to push for that, including by saying that you were more than 50% at fault for the accident and denying your claim altogether. If that’s not feasible, they may try to attribute some of the blame to you, but that portion may not align with the facts of your case. The insurance company knows that the more they can blame you for the accident, the less they can be required to pay for your San Antonio accident claim.
Protect Your Rights with the Help of an Experienced Personal Injury Lawyer
The experienced legal team at George Salinas Injury Lawyers knows the tactics that insurance companies play to reduce accident victims’ compensation. We can conduct a thorough investigation of your claim, prove how the accident occurred, and work hard so that more fault is not assigned to you than is fair under the circumstances. Call us today at 210-225-0909 for a free consultation.